VERIFIED PETITION FOR EXPUNGEMENT AND SEALING OF CRIMINAL RECORDS
Pursuant to Indiana Code § 35-38-9
[// GUIDANCE: This template is designed for use in ANY Indiana county. Ensure you adapt county-specific filing requirements (e-filing envelope, CC-exp code, local scheduling orders, etc.).]
DOCUMENT HEADER
IN THE [☐ _ ] CIRCUIT/SUPERIOR COURT
[☐ _ ] COUNTY, STATE OF INDIANA
STATE OF INDIANA, )
Respondent, )
)
v. ) Cause No. [☐ 00C0-00-00-CR-000000]
)
[☐ Full Legal Name of Petitioner], )
Petitioner. )
TABLE OF CONTENTS
- Defined Terms
- Jurisdiction & Venue
- Statutory Eligibility Statement
- Factual Background
- Records Sought to be Expunged
- Statutory Compliance Affirmations
- Relief Requested
- Verification
- Certificate of Service
1. DEFINED TERMS
[// GUIDANCE: Maintaining defined terms promotes internal consistency and simplifies later edits.]
1.1 “Petitioner” means [☐ Name], the individual seeking expungement.
1.2 “Conviction Record” means each criminal case listed in § 5 below.
1.3 “Expungement Statute” means Ind. Code § 35-38-9 in its entirety.
1.4 “Prosecuting Attorney” means the elected Prosecutor for [☐ County] County, Indiana.
1.5 “Court” means the [☐ _] Circuit/Superior Court presiding over this Petition.
2. JURISDICTION & VENUE
2.1 This Court has subject-matter jurisdiction under Ind. Code § 35-38-9-1.
2.2 Venue is proper in [☐ County] County because all Conviction Records were entered in this county.
3. STATUTORY ELIGIBILITY STATEMENT
3.1 Petitioner files under the following Expungement Statute category (check one):
☐ Ind. Code § 35-38-9-2 – Misdemeanor or Level 6 felony reduced to misdemeanor (≥ 5-year waiting period).
☐ Ind. Code § 35-38-9-3 – Level 6 felony (≥ 8-year waiting period).
☐ Ind. Code § 35-38-9-4 – Felony not involving bodily injury (greater waiting period; prosecutorial consent if requisite period not met).
☐ Ind. Code § 35-38-9-5 – Felony involving bodily injury (prosecutorial consent required).
[// GUIDANCE: Select ONLY ONE category; Indiana law requires a single consolidated petition per county.]
3.2 Petitioner has no charges currently pending.
3.3 Petitioner has not been convicted of a crime within the applicable waiting period.
3.4 All fines, fees, court costs, and restitution in the Conviction Record(s) have been paid in full.
4. FACTUAL BACKGROUND
4.1 Petitioner’s full legal name: [☐ Name]
4.2 Date of birth: [☐ MM/DD/YYYY]
4.3 Social Security number (last four digits only for public filing): -*-[☐ 1234]
4.4 Current residence: [☐ Street, City, State, ZIP]
4.5 Summary of employment, education, or community service since conviction (optional but persuasive):
• [☐ Employer/Position]
• [☐ Community Involvement]**
5. RECORDS SOUGHT TO BE EXPUNGED
| Case/Cause No. | Offense Level | Offense Description | Date of Conviction | Sentence Completed |
|---|---|---|---|---|
| [☐ ...] | [☐] | [☐] | [☐ MM/DD/YYYY] | [☐ MM/DD/YYYY] |
| [Add rows as necessary] |
6. STATUTORY COMPLIANCE AFFIRMATIONS
6.1 Petitioner satisfies every requirement enumerated in the applicable subsection of the Expungement Statute, including but not limited to:
a. Waiting-period completion under Ind. Code § 35-38-9-2(b)/(c) or § 35-38-9-3(b);
b. Absence of disqualifying convictions or pending charges;
c. Full payment of all financial obligations.
6.2 Notice. Petitioner contemporaneously serves a copy of this Petition on the Prosecuting Attorney as required by Ind. Code § 35-38-9-8.
6.3 Sealed-Record Access. Petitioner understands that, upon grant of the Petition, access to the sealed records will be limited to criminal justice agencies and as otherwise permitted by Ind. Code § 35-38-9-6.
7. RELIEF REQUESTED
WHEREFORE, Petitioner respectfully prays that the Court:
A. Set this matter for hearing as required by the Expungement Statute;
B. After hearing, enter an Order:
1. Granting expungement of each Conviction Record listed in § 5;
2. Ordering the Clerk of Court, Indiana State Police, Bureau of Motor Vehicles, and all relevant law-enforcement and licensing agencies to seal or mark as expunged all records pertaining to the Conviction Record(s);
3. Directing the removal of the Conviction Record(s) from public databases in accordance with Ind. Code § 35-38-9-6; and
4. Granting all other just and proper relief.
8. VERIFICATION
I, [☐ Name], affirm under the penalties of perjury that the foregoing representations are true and correct to the best of my knowledge and belief.
[☐ Petitioner Printed Name]
Date: ___
9. CERTIFICATE OF SERVICE
I certify that on the ___ day of ____, 20__, a true and correct copy of this Verified Petition for Expungement was served upon the [☐ County] County Prosecuting Attorney via:
☐ Indiana E-filing System ☐ U.S. Mail ☐ Hand Delivery
[☐ Attorney / Petitioner Signature]
ATTORNEY SIGNATURE BLOCK (if represented)
Respectfully submitted,
[☐ Attorney Name], #__
[☐ Law Firm]
[☐ Street Address]
[☐ City, State ZIP]
Phone: [☐ (000) 000-0000]
Email: [☐ [email protected]]
Attorney for Petitioner
OPTIONAL ATTACHMENTS
- Exhibit A – Payment Receipt(s) or Clerk Certification of satisfied financial obligations.
- Exhibit B – Character reference letters (if desired).
- Proposed Order of Expungement and Sealing.
[// GUIDANCE: Some Indiana judges require a proposed order upon filing; others defer until hearing. Check local rule LR##-TR77-___.]
KEY PRACTICE POINTERS
• One County Rule: All convictions from the SAME county must be included; file separate petitions per county.
• Filing Fee: No filing fee for misdemeanors (§ 2) but fees may apply for higher felony categories—confirm with Clerk.
• Hearing Waiver: Courts may waive hearing if Prosecutor files no objection within 30 days (Ind. Code § 35-38-9-8(f)).
• Background-Check Vendors: After grant, advise client to send certified order to private background companies to expedite updates.
DISCLAIMER: This template is provided for informational purposes only and must be reviewed and customized by a licensed Indiana attorney prior to use.